How bad could it be.. Product incorrectly classified & restricted

Hey all,

So I’ve got myself a bit of a dilemma. I have a private label product which I was originally approved for, and after getting my first production run delivered, I went to edit the listing “Release Date” and once I clicked save, the system auto-delisted my product. It was restricted, and I was unable to edit the listing any further.

After reaching out, Amazon classified my product as a medical device requiring FDA approval documentation OR documentation proving that it’s NOT medical device.

This was in March. Since then, I have submitted 6 appeals, I have submitted as much documentation as I can find to support my claim, but every time I’m hit with the same generic “but we are unable to reactive your ASINs at this time” response. It is hard to provide documentation proving that something is NOT something, I feel like they’re asking me to submit an emissions test for a skateboard. I’ve spoken to countless phone reps, and most tell me there was most likely some language in my description that triggered an auto-removal, but they were not able to do anything over the phone.

To be absolutely clear, my product IS NOT a medical device. There are similar products that utilize a specific technology which would then make it classified as a medical device, but in this case I do not use that medical graded technology – and my product is 100% eligible to be sold without any form of FDA approval.

To get the point, my question is what would the repercussions be of me deleting the product (it’s branded, so I would just repost as generic and get a new ASIN) and reposting with an updated description and photos. Would I get banned? Or would the product simply be delisted once more.

This is an action of desperation, and a last resort. I am absolutely certain my product is eligible to be sold on Amazon, and I was just quite unlucky with it getting flagged. I’ve done everything I can on the appeals side, but it’s clear I’m just stuck in the limbo of dealing with a machine as big as Amazon.

Appreciate the responses ahead of time, thank you!